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(영문) 서울중앙지방법원 2013.03.28 2013노41

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the facts charged in the instant case is around 04:20 on July 13, 2012, the Defendant driving of the Korean bus exclusive lanes of the Central Bus in Gangnam-gu Seoul Metropolitan Government (Seoul), Gangnam-gu (Seoul), from the active service area to the double-sea area.

At this time, the left turn was made at night, and at this time, there was an exclusive bus lane installed, and thus, the driver of a motor vehicle enters the bus line, not a bus exclusive, and thus the driver of a motor vehicle does not interfere with the progress of the motor vehicle moving into the bus line and moving to the left at the other bus line, without any duty of care to prevent accidents in advance, while failing to turn to the left, and making a left turn to the left at the center bus exclusive road, and without any duty of care to prevent the accident in advance, the driver of the motor vehicle makes the left turn to the left at the right right line of the motor vehicle of the victim E driver who is going to turn to the left at the right line of the left, facing the front side of the driver vehicle of the victim's vehicle, and caused the victim to suffer injury, such as the bones, bones, bones, etc. requiring treatment for about two weeks. At the same time, the driver of the motor vehicle of the vehicle of this case, the driver of the vehicle of this case 97 Do 305 Do 97, and 5 Do 97.

2. The judgment of the court below

A. On the grounds delineated below, the lower court acquitted the Defendants on the ground that the crime of violation of the Aggravated Punishment, etc. of Specific Crimes Act (Aggravated Punishment, etc. of Specific Crimes) and the crime of violation of the Road Traffic Act (Aggravated

B. The Defendant was in progress from the investigation stage to the original trial without recognizing the instant accident. Thus, the intention of escape is intentional.